Mayor LaToya Cantrell wants an Orleans Parish judge to issue a permanent restraining order against the woman who photographed her and her bodyguard dining together outdoors at a French Quarter restaurant, but does Cantrell's case stand a chance?
One legal analyst says: probably not.
"If you're a public official and you put yourself out there, that's part of the deal," said Doug Sunseri, attorney and host of WWL's ALL THINGS LEGAL. "You subject yourself to scrutiny."
Sunseri says Cantrell has three facts working against her. First, Cantrell a public official. Secondly, the photographs of her and Officer Jeffrey Vappie were taken in a public setting--outdoors in the French Quarter. Finally, the photographer, Anne Breaud, apparently has made no threats toward Cantrell.
"She was filming her social activity during the course of the day," Sunseri said.
Sunseri says that if Cantrell were in a private office or home, Cantrell would have an expectation of privacy. However, he says in this case, the photographs are fair game.
"If you don't have that expectation because you're in a public area, I don't think that law would apply," Sunseri said. "If you conduct yourself in a public forum or in the duties of a public official in a way that doesn't compromise yourself, I don't see it being an issue. That's part of the deal. You're a politician. You're going to be photographed. You're going to be scrutinized. There's really not an expectation of privacy in a lot of these areas that she's claiming these pictures were taken."
Although Cantrell's case may be flimsy, Sunseri says Cantrell may be pursuing the restraining order with a bigger goal in mind.
"It is, in part, to have some type of deterrence for others to do this in the future," Sunseri said, noting that Braud's attorney's claim that Cantrell's complaint is a SLAPP suit appears to be valid. "A lot of times when public figures file lawsuits like this, it's with the statement that if anybody else tries this, this is what's going to happen to you."
Sunseri says this suit, if successful, could create a chilling effect not only on residents who want to criticize the mayor, but also on reporters who cover her.
"If the court would grant that, maybe the news media will be next," Sunseri said.
A hearing in the matter is set for June 18th.
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